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HomeMy WebLinkAbout07557ORDINANCE NO. 7557 AN ORDINANCE AMENDING SECTION 54 OF CHAPTER 5, TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE ARCHITECTURAL REVIEW BOARD AND REVIEW OF DECISIONS OF THE ARCHITECTURAL REVIEW BOARD, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH TO THE EXTENT OF SUCH CONFLICT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Section 54 of Chapter 5, Title XVII of the Pueblo Municipal Code is amended by the addition of the following new subsections (f) and (g): (0 - Any person adversely affected by a decision of the Board may seek review by the City Council of such decision by filing with the City Clerk, within twenty (20) days after the date of decision of the Board, a written request for review, specifying in detail the provisions of the Board's decision the person asserts are arbitrary or capricious or beyond the jurisdiction of the Board, and the grounds and reasons in support thereof, together with a copy of the Board's decision. The City Council shall conduct a hearing on review limited to the provisions asserted to be arbitrary or capricious or beyond the jurisdiction of the Board, and the grounds and reasons in support thereof specified in the request for review. The person seeking review and the Board shall be given written notice of the date, time and place of the hearing on review at least ten (10) days prior to the date of the hearing. Notice to the person seeking review shall be given by first -class mail, postage prepaid, at the person's address as shown in the records of the Board. No other notice need be given for such hearing. The City Council shall sustain the decision of the Board if it finds that the Board did not exceed its jurisdiction or act in an arbitrary or capricious manner. If the City Council finds that the Board exceeded its jurisdiction or acted in an arbitrary or capricious manner, the City Council shall return the matter back to the Board for redetermination within thirty (30) days consistent with the City Council's written findings. The hearing on review shall be conducted as near as practicable in accordance with the procedures set forth in Chapter 7 of Title I of this Code. The decision of the Board shall be staved pending review by the City Council. & Any person adversely affected by a decision of the Board, by a decision of the Board sustained by City Council or by a decision of the Board on redetermination as provided in subsection (f) above, may seek judicial review by the District Court, Pueblo County. Colorado, in the manner provided in Rule 106(a)(4), C.R.C.P. A complaint seeking such review shall be filed in said District Court not later than thirty (30) days after the date of the decision of the Board if a timely request for review by the City Council has not been filed with the City Clerk as provided in subsection (f) above; or, if such request for review has been timely filed, not later than thirty (30) days after the date City Council sustains the decision of the Board or the date of the decision of the Board on redetermination, whichever occurs first. SECTION 2 The City Council hereby finds and determines that this Ordinance and procedures to review decisions of the Architectural Review Board contained herein do not constitute a modification, amendment or revisions of a zoning ordinance within the meaning of Section 12 -5 of the Charter of the City, and therefore, this Ordinance does not have to be submitted to the Planning and Zoning Commission for review and recommendation. SECTION 3 All ordinances, or parts thereof, in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 4 This Ordinance shall become effective upon final passage and approval. BY Randy Thurston Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK INTRODUCED November 27, 2006 PASSED AND APPROVED: December 11, 2006 Ci t-d . # 7 SS 7 D Background Paper for Proposed ORDINANCE AGENDA ITEM # Z3 DATE: November 27, 2006 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING SECTION 54 OF CHAPTER 5, TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE ARCHITECTURAL REVIEW BOARD AND REVIEW OF DECISIONS OF THE ARCHITECTURAL REVIEW BOARD, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH TO THE EXTENT OF SUCH CONFLICT ISSUE Should City Council adopt procedures to review decisions of the Architectural Review Board? RECOMMENDATION Councilperson Chostner has requested this Ordinance be placed on City Council's agenda. BACKGROUND There are no specific provisions in the Pueblo Municipal Code for review of decisions made by the Architectural Review Board ( "Board "). The review procedures set forth in the Ordinance are the same as those for review of the decisions of the Historic Preservation Commission. The ordinance will allow a person aggrieved by a decision of the Board to have the decision reviewed by the City Council. If the Council after hearing determines that the Board did not exceed its jurisdiction or did not act in an arbitrary or capricious manner, the City Council shall sustain the decision of the Board. If the Council determines that the Board exceeded its jurisdiction or acted in an arbitrary or capricious manner, the Council will return the matter to the Board for redetermination consistent with the Council's findings. Any person aggrieved by a final decision of the Board or by the City Council in sustaining a Board's decisions has the right to seek judicial review in the Pueblo County District Court. The City Council finds and determines that this Ordinance and review procedures do not constitute a modification, amendment or revision of a zoning ordinance within the meaning of Section 12 -5 of the Charter and, therefore, this Ordinance does not have to be submitted to the Planning and Zoning Commission for review and recommendation. FINANCIAL IMPACT None.